News & Analysis as of

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XPO Last Mile Will Pay $94,541 To Settle EEOC Religious Discrimination Suit

Logistics Company Rescinded Job Offer to Jewish Employee Who Could Not Work on Rosh Hashanah, Federal Agency Charges - BALTIMORE - XPO Last Mile, Inc., a logistics company that specializes in the delivery of items such as...more

EEOC Files Disability Discrimination Lawsuit Against Heritage Home Group

Home Furnishings Company Denied Accommodation to and Fired Employee, Federal Agency Charges - CHARLOTTE, N.C. - Heritage Home Group, LLC (Heritage Home), a North Carolina corporation that designs, manufactures, sources...more

It’s Still Flu Season and Mandatory Flu Vaccines Can Still Cost You

Remember that case we told you about last year with the flu vaccines and the EEOC suing for employees on religious discrimination grounds? To recap– in Equal Employment Opportunity Commission v. Mission Hospital a federal...more

Work schedule conflict leads to religious accommodation lawsuit

by McAfee & Taft on

A recent decision by the U.S. Tenth Circuit Court of Appeals (the jurisdiction that covers Oklahoma federal courts) provides another reminder that religious accommodations come in all shapes and sizes, and that proving “undue...more

Mission Hospital Agrees to Pay $89,000 To Settle EEOC Religious Discrimination Lawsuit

Asheville Hospital Fired Employees for Declining Flu Vaccination, Federal Agency Charged - ASHEVILLE, N.C. - Mission Hospital, Inc., a North Carolina corporation based in Asheville and the main hospital of Mission Health...more

New Jersey Now Bans Breastfeeding Discrimination

by Fisher Phillips on

New Jersey Governor Chris Christie began his final week in office by signing 40 bills into law, including an amendment to the New Jersey Law Against Discrimination that immediately bars discrimination against breastfeeding...more

New Jersey’s Law Against Discrimination Expanded To Include Breastfeeding As A Protected Class

In March 2010, the Fair Labor Standards Act was amended to require employers to provide “reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child’s birth.” Employers are...more

BOLI Publishes Final Manufacturing Overtime Rules and Sample Overtime Consent Form

The Bureau of Labor and Industries issued the final rules regarding the changes to the manufacturing overtime laws on December 27, 2017. The rules became effective on January 1, 2018. BOLI promulgated the new overtime rules...more

Can an Employer Require Employees to Receive a Flu Shot?

With cold and flu season in full swing, we frequently receive phone calls from employers asking if they can require their employees to receive flu shots. Generally, employers may impose such requirements if they offer...more

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation… but Cities, States and Other Circuits Take...

by Vedder Price on

Employers, at least those in Illinois, Indiana and Wisconsin, have finally been given clear guidance regarding how much leave an employee should be given when he or she is unable to perform the essential functions of his or...more

Happy Holidays, from Human Resources

by McNair Law Firm, P.A. on

As Thanksgiving 2017 recedes into a memory, Hanukkah is here, Christmas just around the corner, and a strange slow week between a Monday Christmas and following Monday New Year’s Day. It is the season for office holiday...more

Public Hearing Set for Amended Overtime Statutes

Manufacturers who will be affected by the new changes to the overtime rules may be interested in attending a public hearing and/or providing public comment on the development of the Oregon Administrative Rules that BOLI will...more

AccentCare to Pay $25,000 To Settle EEOC Disability Discrimination Suit

Health Care Provider Refused to Grant Employee a Reasonable Accommodation, Federal Agency Charged - DALLAS - AccentCare, Inc., a home healthcare company headquartered in Dallas, has agreed to pay $25,000 and provide other...more

An Employer’s Duty To Accommodate Not So-Common Religious Practices

by Pepper Hamilton LLP on

Q. An employee has requested that the company give her an accommodation due to a religious practice I have never heard of. Do we have to comply with this request? A. Title VII of the Civil Rights Act of 1964 protects...more

Court Hands Victory To Employer In “Leave After Leave” Battle

by Fisher Phillips on

Of all the accommodations considered reasonable under the Americans with Disabilities Act (ADA), perhaps the most frustrating is when an employee requests additional time off after their 12 weeks of Family and Medical Leave...more

The “Mark of the Devil” and Religious Discrimination

Although Halloween is only a few days behind us, employers should take note of a “devilish” decision from a Pennsylvania federal court in a discrimination case late last month....more

Managing the Interplay Between the ADA, FMLA and WC

by Foley & Lardner LLP on

The following description may seem quite familiar to those who deal with employee issues on a daily basis. Your employee, who has a physically demanding job on the factory floor, has been out on leave for an injury that he...more

Washington State Enacts Healthy Starts Act, Requires Accommodation for Pregnant Employees Regardless of Disability

The new Washington state Healthy Starts Act requires employers with 15 or more employees to provide accommodations to pregnant employees above and beyond those accommodations required by other available laws, including the...more

Seventh Circuit Puts the Brakes on Never-ending Leave Under the ADA

by Foley & Lardner LLP on

Employers everywhere have been repeatedly warned not to automatically terminate employees who have exhausted their Family and Medical Leave Act (FMLA) leave. Instead, employers should first consider whether the employee might...more

The case for capacity: Supreme Court of Canada upholds employee’s termination based on breach of “no free accident rule” in...

by DLA Piper on

Managing employee drug and alcohol addictions has long been a thorny issue for employers. Because addiction is accepted as a mental disability, it is a delicate balancing act to ensure employee privacy and human rights are...more

Courts Continue to Wrestle with Whether Long-Term Leave Can Be a Reasonable Accommodation Under the ADA

by FordHarrison on

Executive Summary: When an employee seeks leave as an accommodation for a disability under the Americans with Disabilities Act (ADA), the decision regarding whether to grant or deny the request can be challenging....more

Georgia Blue Sued By EEOC For Rescinding Job Offer To Employee Who Needed Religious Accommodation

Female Employee Not Permitted to Wear Skirt Instead of Pants, Federal Agency Charges - JACKSON, Miss. - Georgia Blue, LLC, a chain of restaurants specializing in a blend of Southern and Creole foods in Flowood, Madison,...more

The Non-Dischargeable Student Loan - BB&K Attorney Cathy Ta Writes for Riverside Lawyer Magazine

by Best Best & Krieger LLP on

Obtaining a bankruptcy discharge of debts is the primary tool in providing the "honest but unfortunate debtor" a fresh start. Yet, a student loan made or guaranteed by a governmental unit or nonprofit is excepted from the...more

Washington Employers: Prepare To Face New Workplace Laws

by Fisher Phillips on

The past year has brought multiple new workplace laws that will require employers in Washington to change several key policies and procedures. Below is an update that provides a general overview to help you prepare for these...more

Two Weeks Until New Protections for Pregnant Employees Become Effective

by Shipman & Goodwin LLP on

For those unfamiliar with the way a lot of Connecticut laws get implemented, October 1st could seem like just another day. (Though for my kids, they would be impressed that it was a different October 1st in 1982 that EPCOT...more

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